Loading...
HomeMy WebLinkAboutSW8970240_CURRENT PERMIT_20230111STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 q-1o2y o DOC TYPE © CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 'Lo 213 01 I1 YYYYMMDD ROY COOPER Governor ELIZABETH S. BISER Secretary. DOUGLAS R. ANSEL interim Dtremr January 11, 2023 NORTH CAROLINA Envirorunental Quality West Wood at Echo Townhomes Association, Inc. Attn: Angelo Galeotti, Vice President P.O. Box 7925 Wilmington, NC 28412 Subject: Permit Renewal Post -Construction Stormwater Management Permit No. SW8 970240 Westwood Echo Farms New Hanover County Dear Mr. Galeotti: Effective August 1, 2013 the Post -Construction Stormwater Management Program has been transferred from the Division of Water Quality ("DWQ") to the Division of Energy, Mineral and Land Resources ("DEMLR" ). All previous references to DWQ will remain in older permits issued prior to August 1, 2013 until they are modified. Please note that this permit will now reference DEMLR as the Division responsible for enforcement of the permit. The Division of Energy, Mineral and Land Resources received a complete 8-year Permit Renewal Application for the subject permit on December 21, 2022. The Division is hereby notifying you that permit SW8970240 has been renewed, updated, and re -issued on January 11, 2023, as attached. Please be aware that the renewal and re - issuance of this Stormwater permit does not imply that the site is currently in compliance. This permit shall be effective until March 24, 2027 and does not supersede any other agency permit that may be required. The project shall be subject to the conditions and limitations as specified therein. This permit does not impose new or increased stormwater control requirements; it clarifies the rules and requirements of this program to provide you with a better understanding of your obligations under this permit. Failure to comply with these requirements will result in future compliance problems. Please note that this permit is not transferable except after notice to and approval by the Division. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. If you have any questions concerning this permit, please contact Ashley Smith in the Wilmington Regional Office, at (910) 796-7215 or ashleym.smith@ncdenr.gov. Sincerely, ��� 1� 5�; Douglas R. Ansel, Interim Director Division of Energy, Mineral and Land Resources Enclosures: Attachment C— Permitting History copy of the Renewal Application Documents DES/ants: \\\Stormwater\Permits & Projects\1997\970240 HD\2023 01 permit 970240 cc: Wilmington Regional Office Stormwater File orrI®Em �R. North Carolina Department of Environmental Quality I Division of Energy, Mineral and land Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 2&405 -Names apaWNq ov.mmnmu..w�row� /�� 910.796.7215 State Stormwater Management Systems Permit No. SW8 970240 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES POST -CONSTRUCTION STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Westwood at Echo Townhome Association, Inc. Westwood at Echo Towns Echo Farms Blvd, Wilmington, New Hanover County FOR THE construction, operation and maintenance of a Detention Pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and as outlined in the application, approved stormwater management plans, supplement, calculations, operation and maintenance agreement, recorded documents, specifications, and other supporting data (the "approved plans and specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR"). The project shall be constructed, operated and maintained in accordance with these approved plans and specifications. The approved plans and specifications are incorporated by reference and are enforceable part of this permit. This permit shall be effective from the date of issuance until March 24, 2027 and shall be subject to the following specified conditions and limitations. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or rescission, however, these actions do not stay any condition. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al. I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described on page 2 of this permit. The stormwater control has been designed to handle the runoff from 148,620 square feet of impervious area. Page 1 of 5 State Stormwater Management Systems Permit No. SW8 970240 DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES Project Name: Permit Number: Location: Applicant: Mailing Address: Application Date: Water Body Receiving Stormwater Runoff: Classification of Water Body: If Class SA, chloride sampling results: Pond Depth: Permanent Pool Elevation: Total Impervious Surfaces Allowed: Outparcels Future Offsite Area entering Pond: Required Surface Area: Provided Surface Area: Required Storage Volume: Provided Storage Volume: Temporary Storage Elevation- Controlling Orifice: Echo Towns 970240 New Hanover County Angela Galeotti West Wood at Echo Townhome Association, Inc. P.O. Box 7925 Wilmington, NC 28412 December21, 2022 Barnards Creek "C Sw" N/A 4 feet 5 MSL 148,620 square feet N/A square feet N/A square feet N/A square feet 9,487 square feet 10,937 square feet 12,217 cubic feet 13,104 cubic feet 6.1 MSL 1.5" x 2" square hole (3 in' area) 4. The tract will be limited to the amount of built -upon area indicated on page 2 of this permit, and per approved plans. 5. Impervious area includes, but is not limited to, roofed structures, asphalt, brick, stone, slate, concrete, and gravel but does not include wood decking or the water surface of swimming pools. 6. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. 8. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. II. SCHEDULE OF COMPLIANCE The permittee will comply with the following schedule for construction and maintenance of the stormwater management system: a. The stormwater management system shall be constructed in it's entirety, vegetated and operational for it's intended use prior to the construction of any built -upon surface except roads. b. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at the design condition. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. Page 2 of 5 State Stormwater Management Systems Permit No. SW8 970240 e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping. g. Access to the outlet structure must be available at all times. 3. Records of maintenance activities must be kept and made available upon request to authorized personnel of DEMLR. The records will indicate the date, activity, name of person performing the work and what actions were taken. 4. The facilities shall be constructed, operated and maintained in accordance with the provisions of this permit, the approved plans and specifications, and the supporting documents attached to this permit and on file with the Division. 5. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. Decorative spray fountains will be allowed in the stormwater treatment system if calculations are provided documenting the permanent pool volume is greater than 30,000 cubic feet. . No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below. For changes to the project or SCM that impact the certifications, a new or updated certification(s), as applicable, will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification. a. Any modification to the approved plans and specifications, regardless of size including the SCM(s), BUA, details, etc. b. Redesign or addition to the approved amount of BUA or to the drainage area. C. Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or property area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved SCM(s), the stormwater collection system and/or vegetative conveyance shown on the approved plan. e. The construction of any allocated future BUA. f. Adding the option to use permeable pavement or #57 stone within the lots as a permeable surface. The request may require a proposed amendment to the deed restrictions and protective covenants for the subdivision to be submitted and recorded. g. The construction of any permeable pavement, #57 stone area, public trails, or landscaping material to be considered a permeable surface that were not included in the approved plans and specifications. h. Other modifications as determined by the Director. III. GENERAL CONDITIONS CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the permittee shall take immediate corrective actions. This includes actions required by this Division and the stormwater rules such as the construction of additional or replacement on -site stormwater systems. These ' additional or replacement measures shall receive a permit from the Division prior to construction. 2. PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate application, documentation and the processing fee as outlined in Title 15A NCAC 02H.1045(3). Page 3 of 5 State Stormwater Management Systems Permit No. SW8 970240 3. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION. The permittee shall submit a completed Permit Information Update Application Form to the Division within 30 days to making any one of these changes. 4. TRANSFER. This permit is not transferable to any person or entity except after notice to and approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. a. TRANSFER REQUEST. The transfer request must include the appropriate application, documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This request must be submitted within 90 days of the permit holder meeting one or more of the following: i. A natural person who is deceased, ii. A partnership, limited liability corporation, corporation, or any other business association that has been dissolved, iii. A person or entity who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur through foreclosure, bankruptcy, or other legal proceeding. iv. A person or entity who has sold the property, in whole or in part, on which the permitted activity is occurring or will occur, except in the case of an individual residential lot sale that is made subject to the recorded deed restrictions and protective covenants; V. The assignment of declarant rights to another individual or entity; vi. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of NCGS 143-214.7(c2), b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on -site stormwater system complies with the permit conditions. Records of maintenance activities performed to date may be requested. Projects not in compliance with the permit will not be transferred until all permit and/or general statute conditions are met. 5. COMPLIANCE. The permittee is responsible for compliance with the terms and conditions of this permit until the Division approves the transfer request. a. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans, application, supplement, operation and maintenance agreement, all applicable recorded documents, and specifications shall be maintained on file by the permittee at all times. b. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. C. ENFORCEMENT. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. d. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an annual certification completed by either the permittee or their designee confirming the projects conformance with permit conditions Page 4 of 5 State Stormwater Management Systems Permit No. SW8 970240 e. OBTAINING COMPLIANCE. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of modified plans and certification in writing to the Director that the changes have been made. OTHER PERMITS. The issuance of this permit does not preclude the permittee from complying with and obtaining any other permits or approvals that are required for this development to take place, as required by any statutes, rules, regulations, or ordinances, which may be imposed by any other Local, State or Federal government agency having jurisdiction. Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS 143-215.6. Permit renewed, updated and reissued this the 11th day of January 2023. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION r-Aw� M Douglas R..Ansel, Interim Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 970240 Page 5 of 5 Attachment C - Permitting History Westwood Echo Farms Permit No. SW8 970240 Approval Permit Action BIMS I Description of the Changes Modified Plan Sheets Date Version High Density Commercial Stormwater Project - construction, operation and maintenance of a Detention 3/24/1997 Original 1 0 Pond in compliance with the provisions of 15A NCAC I of 1, 1 of 1, 2 of Approval 2H .1000. The stormwater control has been designed to handle the runoff from 148,620 square feet of impervious area. Name Change / Ownership Change -construction, operation and maintenance of a Detention Pond in 12/10/2012 Minor 1.1 compliance with the provisions of 15A NCAC 2H .1000. Modification The stormwater control has been designed to handle the runoff from 148,620 square feet of impervious area. High Density Project -construction, operation and 3/13/2013 Renewal 2.0 maintenance of a wet detention in compliance with the provisions of 15A NCAC 2H .1000. 1/11/2023 Renewal 3.0 Epires March 24, 2027 Page 1 of 1 POND MA-INTENANCE RE, QUR , VMNTS Project Name: WESTWOOD AT ECHO. _ Project No. SWs 270240 Pernlittec: WESTWOOD AT ECHO TOWNHOUSE ASSOCATION, INC AloneNo. ZS(o -a)940 Address: 19C0 GA.S-rwoop �Roekof I. Monthly, or after every runoff producing rainfall event, whichever comes first: A. Inspect the trash rack; remove accumulated debris, repair/replace if it is not functioning. B. Inspect and clear the orifice, of any obstnictions. If a pump is used as the dmwdown mechanism, pump operation will be checked. A log of test nms of the pump will be kept on site and made available to D) M personnel upon request. C. Inspect the pond side slopes and grassed inlet swales; remove trash, and repair eroded areas before the next rainfall event. D. If the pond is operated with a vegetated filter, (he filter will be checked for sediment accumulation, trash accumulation, erosion and proper operation of the flow spreader mechanism. Repairs/cleaning will be done as necessary. IT. Quarterly: A. Inspect the collection system (ic. catch basins, piping, grassed swales) for proper functioning. Accumulated trash will be cleared from basin grates, basin bottoms, and piping will be checked for obstructions and cleared as required. B. Pond uilet pipes will be checked for undercutting. Mprap or other energy'dissipation strictures will be replaced, and broken pipes will be repaired. M. Semi-annually: A. Accumulated sediment from the bottom of the outlet stricture will be rcmovcd. B. The forebay depth will be checked at various points. Sediment removal is required when the depth is reduced to 75% of the original forebay design depth of 3 C. Grassed swales, including the vegetated Filter if applicable, will be reseeded twice a year as necessary. POND MAINTENANCE REQUIREMENTS. PAGE i IV. Annually: A. The pond depth will be checked at various points. Sediment removal is required when the depth is reduced, to 75% of the original design depth or 3', whichever is greater. Design depth is 4 ', measured vertically from the orifice down to the pond's bottom. Sediment must be removed to at least the original design depth. V. General: A. Mowing of the side slopes will be accomplisled according to the season. Maximum grass height will be G". B. Cattails are encouraged along the pond perimeter, however they will be removed when they cover more than 1/2 the surface area of the pond. The hest time to cut them is at the end of the growing season, in November. Environmentally sensitive chemical for use in killing cattails can also be used. Contact your nearest Agricultural Extension Agent. C. The orifice/pump is designed to draw down the pond in 2-5 days. If dctwdown is not accomplished in that time, the orifice will be replaced with a larger or smaller orifice. Slow drawdown may be attributes( to a clogged system. The source of the clogging.will be found and eliminated. D. All components of the detention pond system will be kept in good working order. Repair or replacement components will meet the original design specifications as per the approved stormwater plan. If previously approved components are determined to be ineffective, the component must be redesigned and/or replaced. VI. Special Requirements: I, Z % 0 A.'a L _v.. w 1 � essi o e� * #1A , hereby acknowledge that I am the financially Odense print or !y e mmne denrlYJ responsible party for maintenance of this detention pond.I will be responsible for the performance of the maintenance as outlined above, as part of the Stormwater Management Permit received for this project. Signahire: -. .V h`.o Dafe: :2 ,Zmoz DA/arl: S:\WQS\STORMWAnFORMS\OBcM-POND.POR IIFMI'HILtiF I1NI'V Date Re eive Fee Paid Permit Number z cud q%a1:�yd STATE STORMWATER: PERMIT INFORMATION UPDATE APPLICATION FORM There is NO FEE for updating project name or permittee information. This form is to only to be used by the current permittee to notify the Division of. 1) changes to the Point of Contact (signing official) for the current permittee (LLC, Corporation, HOA or POA), 2) changes to the mailing address, phone number or email address of the current permittee; 3) changes to the name of the project; and 4) changes to the legal corporate name as documented by a Name Change or Merger filed with the NCSOS. A. NEW PERMIT INFORMATION State Stormwater Permit Number: SW8970240 Are you updating (check all that apply): I If so, please provide the updated information: ❑ Project name ❑ Corporation Name' ❑ Permit Contact Name' 3 dacic_lawesoa- G� Q a ❑ Permit Contact Title f/(C4157 Q- r - ❑ Mailing Address3 ❑ Phone number ❑ Email address 44amesoniiinomail cam (t6 —ri. /kA/Z C rroviae documentation such as a Name Change /Merger filed with the NCSOt.- Provide supporting documentation such as NCSOS filing. The permit contact's position must be in accordance with 15A NCAC 02H .1040(1). . , If more than one point of contact or mailing address is being changed, please attach a separate sheet. B. CERTIFICATION OF PERMITTEE I, Judy Cowan _, the current permittee, hereby notify DEMLR that I am making the changes as listed in Section A above. I further attest that this application for an update to the permit information currently on file is accurate and cope; ete to the test of my knowledge. Signature: 1Z �4 1, Vdo 'IVc -6 I (n 0, a Notary Public for the State of (�j h ((boll nck County of I I vi do hereby certify that J((�7(q Gn personally appeared before me this the �L� h day of 20 o�R, and acknowledge the due exe` ugy,FN (TVfflrrorgoing instrument. Witness my hand and official seal, i (� Seal) NOTARY �= PUBLIC y Signature res DEC 19 20 22 1 I ' flY:- Stormwater Permit Information Update Form Page 1 of 1 May 11, 2017 ULMLK UJE UNLY Date R ceive Fee Paid Permit Number a asq,7 0,� p NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT RENEWAL APPLICATION FORM In accordance with 15A NCAC 2H.1045(3), the current permit holder shall renew their high density permit 180 days prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781) Section 80. (c). This application form is for permit renewals only. A. PROJECT INFORMATION 1. State Stormwater Permit Number: SW8970240 2. Project name: Westwood Echo Farms 3. Project street address: Echo Farms Blvd City: Wilmington County: New Hanover ZIP: 28412 4. What, if any, changes have been made to the project as permitted? None If the project has changed from the original approved plans, please complete SWU-101 for a Major Modification or Minor Modification Application form available at. https://deg nc gov/about/divisions/enerqv- mi neral-land-resources/energy-minera I-land-rules/stormwater-program/post-construction. B. PERMITTEE INFORMATION If changes to the permittee or project name have been made, please complete either the Permit Update form or the Permit Transfer form available at: https://deg.nc gov/about/divisions/enerqv-mineral-land- resources/energy-mineral-land-rules/stormwater-program/post-construction. State Stormwater Permits do not automatically transfer with the sale of the property. 1. Current Permit Holder's Company Name/Organization: Westwood Echo Farms 2. Signingbfficial's Name: Angela Galeotti 3. Signing Official's Title: Vice President 4. Mailing Address: PO Box 7925 City: Wilmington State: NC ZIP 28412 5. Street Address: City: 6. Phone: (00i) 51.1L- l90l6 Email: ZIP r tEC 21 2012 BY: — Stormwater Permit Renewal Form Page 1 of 3 May 11, 2018 C. SUBMITTAL REQUIREMENTS Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR Central Office (Urbanizing Areas Ph 2, USMP, Non -Coastal HQW/ORIM. Only applications packages that include all required items listed below will be accepted and reviewed. In' ' ach item below to indicate that the required information is provided in the application package: 1. A permit application processing fee of $505.00 payable to NCDEQ. 2, One original signed hard copy and one electronic copy of this completed form. The signing official named on this application to represent the current permittee must meet one of the following: a. Corporation — a principle executive officer of at least the level of vice-president; b. Limited Liability Company (LLC) — a manager or company official as those terms are defined in G.S. 57D "North Carolina Limited Liability Company Act;" c. Public Entity — a principal executive officer, ranking official, or other duly authorized employee; d. Partnership or limited partnership — the general partner; e. Sole proprietor; or f. Letter of authorization signed by one of the signatories noted in a — e above authorizing the signature of another entity. One hard copy and one electronic copy of recorded documents required by the original permit that Iave not yet been received by DEMLR, including: deed restrictions, protective covenants, condominium/planned community declaration and easements. If the project has been built, include documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If the project has not been built, include a signed agreement that the final recorded deed restrictions and protective covenants will be submitted at a later date. 4. O&M Agreements, Please select one: ® 1 have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to keep this on file with the permit, or ❑ I do not have a copy of the current recorded O&M Agreement for all SCMs and am requesting a copy be sent to me. I agree to keep this on file with the permit. 5. Designer Certifications, Please select one: ® A copy of the certification(s) confirming that the project was built in accordance with the approved plans have been previously provided to the Division; or ❑ A copy of the certification(s) confirming that the project was built in accordance with the approved plans are enclosed; or ❑ The project has not yet been built. 6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a signed, sealed, and dated letter from a licensed professional stating that the SCMs have been inspected, and that they have been built and maintained in accordance with the permit. 7. [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC): Provide one hard copy and one electronic copy of documentation from the NC Secretary of State, or other official documentation, which supports the titles and positions held by the persons listed in Section C.2 per 15A NCAC 2H. 1043(3)(b). -`L g" UtL 21 2922 Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018 D. PERM I TEE'S CERTIF CATION �}ltfil the person legally responsible for the permit, certify that I have a cop of thl Permit and O&M Agreement on site (or I will obtain a copy and it will be kept on site), that I am responsible for the performance of the maintenance procedures, and the site has been and will be maintained according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs or built -upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the project, SCMs, or ownership. All information provided on this permit renewal application is, to the best of my knowledge, corr nd co plate. Signature: Date: NOTARIZATION: t 1 a Notary Public for the State of Y County of r do hereby certify that e-1 ;1�, personally appeared before me this the I� day of 1 Jam( ,ihf'�, 20� and acknowledge the due executior�ei W Witness my hand and official seal, ':' iAN GODWIN PHILLIPS Notary Public (Not&Y�&W))ver Co., North Carolina �'!J (;ommission Expires Sept. 22, 2027 Notary My commission expires DEC 21 2022 BY., — Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018 Echo Towns New Hanover County County Storniwater Proiect No SW8 970240 Designer's Certification RE�EIV� - OCT 12 2000 DWQ PROD # I, James H. Fentress Jr. , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, Westwood at Echo (formerly known as Echo Towns) for Echo Group, LLC (Project Owncr) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Required Items to be checked for this certification to be considered complete are on page 2 of this form. Noted deviations from approved plans and specifications: SEAL Signature Registration Number 20643 ���•`%0%A CAA V'O��'•.,� ��,X SS/O .•29 Date 10-05-00 ' Q _ :4 SEAL y9�•' , c-1 20643 ?Z ;: GINE'-' CO cc: NCDENR DWQ Regional Office Tony Roberts, New Hanover County County Building Inspector 3 Certification Requirements: . 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved•plans. moo. Trash rack is provided on the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. * 8. Vegetated slopes are no steeper than 3:1. 9. The inlets are located per the approved plans and do not cause short-circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. k_11. Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. * 13. All°r'e '6i'red.parts of the system are'provided, such as a vegem4ed helf :nd r. fn',ebay. 14.. -The overal Ychmehsions of the system, as shown on the approved plans, are provided. S:\ W QS\STORM WATIFORIvM�-PECERT.FOR cc: NCDENR-DWQ �V Tony Roberts, New Hanover County County Building Inspector * The flow spreader for the vegetative filter is modified as per the attached detail. The modified spreader functions in accordance with the intent of the originally planned device. 7 i�S J J �C RIP RAP FLOW SPREADER L' PROVIDE FERSiA4ENT VEGETATION N ACCORDANCE VRH SEEDING - 0- TONS 9ECF DI LEVEL OF OLITMIN "RP RAP O RIP �: iii •R��: APN RORAP yi • •� 30' VEGATATIVE FILTER FILTER TOE OF BAN`/ SECTION VIEW ISOMETRIC VIEW VEGETATIVE- FILTER .'DETAIL NOTEI VEGATATIVE FILTER SHALL BE*LEVEL ACROSS .IT'S VIDTN AND VEGATATIVE AS APPROVED BY ENGINEER ISEE RAN FOR LONGITUDINAL GRADING) f:\master\pw-III\dgn\temp.dgn Oct. 10, 2000 16:58:30 _ BOOK PAGE "a7 NH 18 FM 3 24 ? G U U 7 7 F,EO;RDED &VERIFIED I,IARY SUE OOTS STATE OF NORTH CAROLlg4ft ; PAGE REGISTER OF DEEDS COUNTY OF NEW HANOvqR2 5 U 9" 7 6 Ye ._ V GI..LHlIl111 V1V Vf' 1..V1V VLiLV ll1V LJ (11V V 1\LiJii\ilaavl?J NOV—�lJ ()00043 WEST WOOD AT ECHO N2 5 ZOOZ Y• THIS DECLARATION, dated for purposes of reference only thiB_)S� day of url y,eL) 1997, by ECHO GROUP LLC, a North Carolina limited liability company;] �I hereinafter called "Developer." (� � (� V 1 000170 WITNESSETH: (A V WHEREAS, Developer is the owner of the real property described in Article II of this Declaration and desires to create therein a residential community with open spaces and other common facilities for the benefit of the said community; and WHEREAS, Developer desires to provide for the preservation of the values and amenities in said community and for the maintenance of said open spaces and other common facilities; and, to this end, desires to subject the real property described in Article II, together with such additions as may hereafter be made thereto, to the convenants, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of said property and each owner thereof; and WHEREAS, Developer had deemed it desirable for the efficient preservation of the .,values and amenities in said community, to create an agency to which should be delegated and assigned the powers of maintaining and administering the community properties and facilities and administering and enforcingthe covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and WHEREAS, Developer has incorporated or will incorporate within one month hereafter under the laws of the State of North Carolina, as a nonprofit corporation, West Wood at Echo Townhome Association, Inc. (the "Association"), for the purpose of exercising the functions aforesaid; NOW, THEREFORE, Developer declares that the real property described in Article II hereof, is and shall be held, transferred, sold, conveyed and occupied subject to the convenants, restrictions, easements, charges and liens (sometimes referred to as ("convenants and restrictions") hereinafter set forth. ARTICLE DEFINITIONS Section 1. The following words when used in this Declaration or any Supplements Declaration (unless the contract shall prohibit) shall have the following meanings: (a) "Association" shall mean and refer to West Wood at Echo Townhome Association, Inc. (b) "Properties" shall mean and refer to the real property described in Article II made subject to this Declaration (c) "Limited Common Elements" shall mean those portions of the common elements which are allocated for the exclusive use of one or more units, as more specifically defined herein. (d) "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of Common Properties as heretofore defined. (e) "Living Unit" shall mean and refer to any portion of a building situated upon the Properties designed and intended for use and occupancy as a residence by a single family, whether as owners or tenants. (f) "Multifamily Structure" shall mean and refer to any building containing two or more Living Units under on roof except when each such Living Unit is situated upon its own individual Lot. This Instrument is being re -recorded for the purpose of correcting Article X , Section 7. Roads and Streets. to read buildings 8 and 9 in lieu of buildings 6 and 8, this the 28th day of A6gust, 1998. 1 Jer A. 4an en, nr.04ttrn -k bw(,) &OOr�nal'Draftsman w� Book 2 2 G 9 PACE 0775 uVVI\ �`{25 [)Ann i_ 0277 (g) "Owner' shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot or Living Unit situated upon the Properties buy, notwithstanding any applicable theory of the deed of trust, shall not mean or refer to the Trustee or cestui que trust unless and until there has been a transfer of title pursuant to foreclosure of any proceeding in lieu of foreclosure. (h) "Member' shall mean and refbr to all those Owners who are members of the Association as provided in Article III, Section 1, hereof. (i) "Mortgage" shall include the noteholder or cestui que trust secured by a "deed of trust." ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION; ADDITIONS THERETO Section 1. Properties.. The real property which is, and shall be held, transferred, sold, conveyed, and occupied subject to this Declaration, which property is more particularly described in Annex A attached hereto. Section 2. Additions to Existine Prover (a) Expansion. Additional lands may become subject to this Declaration to the extent such lands are described on Annex B attached hereto. The additions authorized hereunder may be made in one oW— nore phases. Said additions shall be made by filing of record a Supplemental Declaration of Covenants and Restrictions with respect to the additional property desired to be annexed, which Supplemental Declaration shall extend the scheme of these convenants and restrictions to such property by adopting these Convenants and Restrictions by reference. Such Supplemental Declaration may contain such complementary additions and modifications of the Covenants and Restrictions contained in this Declaration as may be necessary to reflect the difference character, if any, of the added properties and as such are not inconsistent with the scheme of this Declaration. In no event, however, shall such Supplemental Declaration revoke, modify or add to the convenants established by this Declaration as described on Annex A attached hereto. Any annexation made hereunder must be completed on or before December 31, 2005. Any such amendment shall specify the date upon which dues and assessments are payable for Lots annexed thereby. (b) Mergers. Upon a merger or consolidation of the Association with another association, its properties, rights and obligations may, be operation of law, be transferred to another surviving or consolidated association or, alternatively, the properties, rights and obligations of another association may, by operation of law, be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated association may administer the covenants and restrictions established by this Declaration within the Property together with the convenants and restrictions established upon any other properties as one scheme. No such merger or consolidation, however, shall effect.any revocation, change or addition to the convenants established by this Declaration within the Property except as hereinafter provided. ARTICLE III MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section 1. Membership. Every person or entity who is a record owner of a fee or undivided fee interest in any Lot or Living Unit or undeveloped and undesignated land which is subject convenants of record to assessment by the Association shall be a Member of the Association, provided that any such person or entity who holds such interest merely as a security for the performance of an obligation shall not be a member. Section 2. Voting Rights. The Association shall have two classes of voting membership. Class A. Class A Members shall be all those Owners as defined in Section 1 with the exception of the Developer. Class A Members shall be entitled to one vote for each Lot or Living Unit in which they hold the interests required for membership by Section 1. When more than one 2 BOOK 22G9 PAGE 0776 i00n 2925 PAGE U278 person holds such interest or interests in any Lot or Living Unit, all such persons shall be members, and the vote for such Lot and Living Unit shall be exercised as they among themselves determine, but in no event shall more than one vote be case with respect to any such Lot or Living Unit. Class B. The Class B Member shall be the Developer. The Class B Member shall be entitled to three (3) votes for each Lot or Living Unit in which it holds interests required for membership. The Class B membership shall cease and become converted to Class A membership at the earlier occurrence of the following events: (a) When the total member of Class A Members equals or exceeds seventy-five (75); or (b) January 1, 2002 From and after the happening of the earlier to occur of these events, The Class B Member shall be deemed to be a Class A Member entitled to one vote for each Lot or Living Unit in which it holds the interests required for membership under Section 1. ARTICLE IV PROPERTY RIGHTS IN THE COMMON PROPERTIES Sectionl. Members' Easement of Enjoyment. Subject to the provisions of Section 3 of this Article IV, every Member shall have a right and easement of enjoyment in and to the Common Properties, including rights of access, ingress and egress to and from public streets and walkways and the right to park a motor vehicle in areas specifically designated for such purposes; such easement shall be appurtenant to and shall pass with the title to every Lot or Living Unit. In addition, every Class A Member shall have the right and privilege of using the designated parking spaces for the benefit of his or her Living Unit. Section 2. Title to Common Properties. The Developer must relinquish the legal title to the Common Properties to the Association prior to the transfer of any Lot or Living Unit included within the Properties. Furthermore, Developer reserves for the benefit of Developer, and for the benefit of the Association and the owners of all Lots, the right to utilize all drainage ways, retention ponds and similar common facilities and utilities for the benefit of all of the property described in Annex B, and other adjacent properties owned by Developer. Section 3. Extent of Members' Easements. The rights and easements of enjoyment created hereby shall be subject to the following: (a) the right of the Association, in accordance with its Articles of Incorporation and By - Laws, to borrow money for the purpose of improving the Common Properties and in aid thereof to .mortgage said properties. In the event of a default upon any such mortgage the lender's rights thereunder shall be limited to a right, after taking possession of such properties, to charge admission and other fees as a condition to continue enjoyment by the members and, if necessary, to open the enjoyment of such properties to a wider public until the mortgage debt is satisfied, whereupon the possession of such properties shall be returned to the Association and all rights of the Members hereunder shall be fully restored; (b) the right of the Association to take such steps as are seasonably necessary to protect the above -described properties against foreclosure; (c) the right of the Association, as provided in its Articles of Incorporation and By -Laws, to suspend the voting rights of any member of any period during which any assessment remains unpaid, and for any period not to exceed thirty (30) days for any infraction of its published rules and regulations; (d) the right of the Association to charge reasonable admission and other fees for the use of the Common Properties for non-members of the Association; (e) the legal right of an Owner of property shown on the same plat to include portions of the Common Properties as may be necessary for said Owner to qualify under governmental requirements such as setback lines, open space, parking or other aspects which may be needed for issuance of a building permit to be secured to rebuild a damaged Living Unit; and (f) the right of the Association to dedicate or transfer all or any part of the Common Properties to any public agency, authority, or entity for such purposes and subject to BOOK PAGE t;1iU' 22G9 0777 2`12, 0279 such conditions as may be agreed to by the Members, provided that no such dedication or transfer, determination as to the purposes or as to the conditions thereof, shall be effective unless an instrument signed by Members entitled to cast not less than two-thirds (2/3) of the votes of each class of membership has been recorded, agreeing to such dedication, transfer, purposes or condition, and unless written notice of the proposed agreement and action thereunder is sent to every Member at least thirty (30) days in advance of any action taken. Section 4. Stormwater Detention. The North Carolina Department of Environment, Health and Natural Resources has required there to be constructed a stormwater detention system for the benefit of the property described on Annex A and the property described on Annex B. The Association shall maintain in good and usable condition, and in accordance with regulations and standards adopted and/or imposed by the North Carolina Department of Environmental Management, the stormwater detention ponds and collection system located on property subjected to this Declaration. To the extent that stormwater detention ponds and collection facilities are located on property not made subject to this Declaration, but which ponds benefit properties made subject to this Declaration, the Association shall bear one- half (1/2) of the cost of such maintenance and upkeep, and shall reimburse such cost to the party owning such detention pond upon reasonable verification of the cost of maintenance or upkeep. The association shall be responsible for maintaining a maximum of 148,620 square feet of impervious improvements to be located within the boundary of the properties described in Annex A and B. The association shall also be responsible for insuring that no vegetated swales within the aforementioned properties are modified without prior approval by the North Carolina Department of Environment, Health and Natural Resources. Section 5. Stormwater Retention. The North Carolina Department of Environmental Management has required there to be constructed a minimum of two (2) stormwater retention ponds for the benefit of the property described on Annex A and the property described on Annex B. The Association shall maintain in good and usable condition, and in accordance with regulations and standards adopted and/or imposed by the North Carolina Department of Environmental Management, the stormwater retention pond and distribution system located on property subjected to this Declaration. To the extent that Stormwater retention ponds and distribution facilities are located on property not made subject to this Declaration. To the extent that stormwater retention ponds and distribution facilities are located on property not made subject to this Declaration, but which ponds benefit Lots made subject to this Declaration, the Association shall bear one-half (1/2) of the cost of such maintenance and upkeep, and shall reimburse such cost to the party owning such retention pond upon reasonable verification of the cost of maintenance or upkeep. ARTICLE V COVENANT FOR ASSESSMENTS Section 1. Creation of Lien and Personal Obligation for Assessments. Declarant, for each Lot or Living Unit owned within the Properties hereby covenants, and each Owner of any Lot or Living Unit within the Properties, by acceptance of a deed for a Lot or Living Unit, whether or not it shall be so expressed in such deed, is deemed to covenant to pay to the Association: a. annual assessments or changes; b. special assessments for capital improvements and other purposes stated in this Declaration; c. default assessments (as hereinafter defined) which may be assessed against a lot pursuant to the Declaration and the Articles of Incorporation and Bylaws of the Association (hereinafter referred to as the "Documents") for Owner's failure to perform an obligation under the Documents or because the Association has incurred an expense on behalf of the Owner under the Documents; and d. to the appropriate governing taxing authority or the Association a pro rata share of ad valorem taxes levied against the Common Areas. All assessments, together with fines, interest, costs, reasonable attorneys' (and legal assistants') fees, and other charges allowed under this Declaration, shall be a charge on the land and shall be a continuing lien upon the lot against which each such assessment is made until paid. Each such assessment, together with fines, interest, costs, reasonable attorneys' (and legal assistants') fees, and other charges allowed under the Documents will also be the personal and :1 .. .,v• 1 H1)L 2t125 0280 22G9 0?7S individual obligation of the Owner of such Lot as of the time when the assessments fall due, and two or more Owners of a lot or living unit will be jointly and severally liable for such obligations. If an assessment is payable in installments, the full amount of the assessment is al lien from the first installment thereof becomes due. No Owner may except himself, herself or itself from liability for any assessments by abandonment of his lot or living unit or by waiver of the use or enjoyment of the common areas and easements. A) Section 2. Purpose of Assessment. The assessments levied by the Association shall be used exclusively for the purpose of promoting the health, safety and welfare of the residents in the Properties and in particular for the improvement and maintenance (1) of properties, services and facilities devoted to this purpose and related to the use and enjoyment of the Common Properties and (2) of the Lots and Living Units situated upon the Properties. Without Limitation, such uses shall include satisfaction of the Association's obligations regarding the Common Properties to pay liability insurance, ad valorem taxes, the payment of governmental assessments for public and private capital improvements made to or for the benefit thereof, the repair, replacements and additions thereto, and for the cost of labor, equipment, materials, management and supervision thereof. Section 3. Determination of Annual Assessments. Notwithstanding any provision to the contrary contained herein, should the Association's Board of Directors determine that the Annual Assessment for the next succeeding assessment period will exceed the Annual Assessment for the current assessment period by more than ten percent (10%), then, in such event, such increase in the Annual Assessment shall be approved by a vote of two-thirds (2/3) of the Owners voting in person or by proxy at a duly called meeting of the members of the Association, at which a quorum of members is present in person or by proxy, prior to its adoption by the Board of Directors of the Association. Section 4. Basis for Computing Assessments. The Board of Directors shall categorize the purposes for which it makes assessments so that each purpose will be one which is charged in the same amount to each Owner of Lot or Living Unit. Section 5. Special Assessments for Capital Improvements. In addition to the annual assessments authorized by this document, the Association may levy, in an assessment year, a special assessment applicable to that year only for the purpose of defraying in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Properties including fixtures and personal property related thereto, provided that any such assessment shall have the Assent of not less than two-thirds (2/3) of the votes of each class of members who are voting in person or proxy at a meeting duly called for this purpose. Section 6. Change in Basis of Assessments. The Association may change the basis of the assessments fixed by Section 3 hereof prospectively for any such period, provided that any such change shall have the assent of not less that two-thirds (2/3) of the votes of each class ,of Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all members at least thirty (30) days in advance and shall set forth the purpose of the meeting, provided further that the limitations of Section 3 hereof shall not apply to any change in the basis of the assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation and under Article II, Section 2, hereof. Section 7. Quorum for any Action Authorized Under Sections 4, 5, and 6. The quorum required for any action authorized by Sections 3, 4, and 5 of this Article V shall be as follows: At the first meeting called, as provided in Section 3, 4, and 5 of this Article V, the presence at the meeting of Members, or of proxies, entitled to cast makes percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirements set forth in Sections 3, 4, and 5, and the required quorum at any such subsequent meeting shall be two-thirds of the required quorum at the preceding meeting, provided that no such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section B. Date of Commencement of Assessments; Due Dates. The Regular assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the first Lot to an Owner. The first Regular assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the Regular assessment against each lot at least thirty (30) days in advance of each Regular assessment period. Written notice of the Regular assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been BOOK PAGE B00(C PACE 2269 ta?5 0281 paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Section 9. Duties of the Board of Directors. The Board of Directors of the Association shall fix the date of commencement and the amount of the assessment against each Lot or Living Unit for each assessment period at least thirty (30) days in advance of such date or period and shall, at that time, prepare a roster of the'properties and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Owner. Written notice of the assessment shall thereupon be sent to every Owner subject thereto; failure to provide a written notice shall indicate that the assessment is unchanged from the previous assessment. The Association shall upon demand at any time furnish to any Owner liable for said assessment a certificate in writing signed by an officer of the Association, setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 10. Effect of Nonpayment of Assessments and Remedies of the Association. Any assessment, or installment thereof, which is not paid within thirty (30) days after its due date will be delinquent. In the event that an assessment, or installment thereof, becomes delinquent, or in the event a Default assessment is established under this Declaration, the Association, in its sole discretion, may take any or all of the following actions: a. assess a late charge for each delinquency at uniform rates set by the Board of Directors from time to time; } b. charge interest from the date of delinquency at the maximum rate allowed by law; c. suspend the voting rights of the Owner during any period of delinquency; d. accelerate all remaining assessment installments for the assessment period in question so that unpaid assessments for the remainder of the assessment period will be due and payable at once; e. bring an action at law against any Owner personally obligated to pay the delinquent assessment charges; or f. file a claim of lien with respect of the lot or living unit foreclose the lien against the lot or living unit in the same manner as provided for the foreclosure of a mortgage under the statutes of the State of North Carolina. The remedies provided under Declaration will not be exclusive and the Association may enforce any other remedies to collect delinquent assessments as may be provided by law. If the assessment is not paid within thirty (30) days after the delinquency date or a written arrangements for payment consented to by the Association, the assessment shall bear interest from the date of delinquency at the rate of eighteen percent (18%) per annum, will be charged a $15.00 late fee for monthly assessments not received by the fifteenth (15'h) of each month. Section 11. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first deed of trust now or hereafter placed upon the properties subject to assessment; provided, however, that such subordination shall apply only to the assessments which have become due and payable prior to a sale or transfer of such property pursuant to a decree of foreclosure, a deed of foreclosure under power of sale or any other transfer in lieu of foreclosure. Such sale or transfer shall not relieve such property from liability for any assessments which thereafter become due, nor from the lien of any such subsequent assessment. Section 12. Exempt Property. The following property subject to this Declaration shall be exempted from the assessments, charges and liens created herein; (a) all properties to the extent of any easement or other interest therein dedicated and accepted by the local public authority and devoted to public use; (b) all Common Properties as defined in Article I, Section 1, hereof. Section 13. Successor's Liability for Assessments. All successors, except as provided hereinabove in Section 11, Article V, to the fee simple title of a lot will be jointly and severally liable for the prior Owner or Owners thereof for any and all unpaid assessments, fines, interest, late charges, costs, expenses, and attorney's (and legal assistants') fees against such lot without Boor. PAGE LGGiC PACE 2209 0700 2`I25 0282 prejudice to any successor's right to recover from any prior Owner any amounts paid by such successor. Any successor will be entitled to rely on a written statement of status of assessments received by such successor from the Association or its managing agent. The Association agrees that it will furnish to any owner of his designate, a written statement setting forth the amount of unpaid assessments then levied against the lot in which the Owner or his designate has an interest. The information contained in such written shall be conclusive upon the Association, the Board of Directors, and every owner as to the person or persons to whom such statement is issued and who rely on it in good faith when such statement is signed by an officer of the Association or the managing agent for the Association. Section 14. Working Capital At the time title is conveyed to an owner, each owner shall contribute to the Association as a working capital reserve an equal amount to a two months estimated common area assessment. Such funds shall be used solely for initial operating and capital expenses of the Association, such as pre -paid insurance, supplies and the common areas and facilities, furnishings and equipment, etc. Amounts paid into the working capital fund are not to be considered as advance payment or regular assessments. Any working capital funds remaining at the end of the first full operating year shall be transferred to and become part of the general funds of the Association, in the discretion of the Board of Directors. ARTICLE VI RIGHTS OF FIRST MORTGAGES Section 1. Inspection of Books and Records. First Mortgages shall have the right, upon request and during normal business hours, to examine the books and records of the Association. Section 2. Notice of Default. Upon its written request, the holder of a first mortgage upon a Lot or Living Unit shall be entitled to written notification of any default by the Owner of said Lot of Living Unit in the performance of his obligations pursuant to these convenants or the By -Laws of the Association, if such default is not cured within thirty (30) days. Section 3. Payments by First Mortgages. One or more first Mortgages of Lots or Living Units may, jointly or singly, in respect to the Common Properties, pay taxes or other charges which are in default and have or may become a charge against same, pay overdue hazard insurance premiums or secure new hazard insurance coverage after policy lapse. The parties making such expenditures shall be entitled to immediate reimbursement from the Association. Section 4. Prohibitions. Without having first received written approval from at least seventy-five (75%) of the first Mortgaged (based upon one vote for each Mortgagee) of the Lots or Living Units, the Association may not: (a) fail to maintain hazard insurance on insurable improvements upon the Common Property in an amount equal to one hundred percent (100%) of the current insurable replacement cost; (b) use hazard insurance proceeds from losses to any Common Properties for other than the repair, replacement or reconstruction of such improvements. ARTICLE VII PARTY WALLS Section 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the Living Units upon the Properties and placed on the dividing line between the Lots shall constitute a party wall, and to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and of liability for property damage due to negligent or willful acts or omissions shall apply thereto. , Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the owners who make use of the wall in proportion to such use. Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other causality, any Owner who has used the wall must restore it as a party wall unless the other Owner agrees to the contrary in advance, and the other Owners thereafter making use of the wall shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. 7 ?00K PAGE Es00K PACE 2tl25 09-83 2269 0781 Section 4. Weatherproofing. Notwithstanding any other provision of this Article, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. Section 5. Right to Contribution Runs With Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title. Section 6. Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision of a majority of all the arbitrators shall be final and conclusive of the question involved. ARTICLE VIII ARCHITECTURAL REVIEW COMMITTEE Section 1. Review by Committee. No building, fence, wall or other structure nor any planting or landscaping change (including removal of any tree) shall be commenced, erected or maintained upon the Properties by other than the Developer nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an Architectural Review Committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designated committee, fails tb approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been complied with fully. The Association shall have the right to bring an action to enjoin any activity taken in violation of this Article. ARTICLE IX EXTERIOR MAINTENANCE Section 1. Exterior Maintenance. In addition to maintenance upon the Common Properties, the Association shall provide exterior maintenance upon each Lot and Living Unit which is subject to assessment under Article V hereof as follows: paint, repair, replace and care for roofs, gutters, down -spouts, exterior building surfaces, trees, shrubs, grass, walks and other exterior improvements. Such exterior maintenance shall not include doors, windows, window screens, door and window frames, rear decks, roof skylights, glass surfaces or landscaping inside rear courtyard areas, if any. Section 2. Special Assessment for Capital Improvements. In addition to the annual assessments authorized by this document, the Association may levy, in an assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair of replacement for exterior maintenance of any Lot or Living Unit, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for.this purpose. Section 3. Access at Reasonable Hours. For the purpose solely of performing the exterior maintenance required by this Article, the Association, through its duly authorized agents or employees, shall have the right, after reasonable notice to the Owner, to enter upon any Lot or exterior of any Living Unit at reasonable hours on any day. ARTICLE X USE RESTRICTIONS Section 1. Land Use and Building Type. All lots shall be used for residential purposes except that so long as the Declarant shall retain ownership of any lots, it may utilize any such lot or lots for sales or rentals, offices, models or other usage for the purpose of selling or leasing lots within said project. The Declarant may assign this limited commercial usage right to any other person or entities as it may choose; provided, however, that when all lots have been sold, this right of commercial usage by the Declarant, its successors and assigns shall immediately cease. 0 GOOK PAGEf300K PAGE ?2G9 0�32 2t+25 0284 Co -ownership of lots shall not be prohibited. Any building erected, altered, placed or permitted to remain on any lot shall be subject to the provisions of Article VIII of this Declaration of Covenants, Conditions and Restrictions relating to architectural control. Section 2. Nuisances. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Section 3. lunk Vehicles. No inoperable vehicles or vehicle without current registration and insurance will be permitted on the premises. The Association shall have the right to have all such vehicles towed away at the owner's expense. Section 4. Outside Furniture. No furniture shall be permitted in the common areas. No furniture shall be permitted on the front porch of each unit except porch furniture and plants. Porch furniture shall be permitted in the courtyard of each unit. All grill and accessories must be kept in the courtyard areas. Section 5. For Sale Signs Prohibited. No "For Sale" signs or any other signs shall be permitted on any lot or in the common areas and facilities, except Declarant or its designee may place "For Sale' for as long as Declarant shall retain ownership of any unsold lot (s). Section 6. Temporary Structures. No structure of a temporary character, trailer basement, tent, shack, garage, barn or other outbuilding shall be used on any lot any time as a residence wither temporarily or permanently. Section 7. Recreational Vehicles. No boat, motor boat, camper, trailer, motor or mobile homes, or similar type vehicle, shall be permitted to remain on any lot or in parking spaces, at any time, unless by consent of the Association. Section 8. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any lot or in any dwelling except that dogs, cats or other household pets may be kept or maintained provided that they are not kept or maintained for commercial purposes and provided further that they are not allowed to run free and are at all times properly leashed and personally escorted. If any pet shall be determined by the Board of Directors to be a nuisance, the Board shall have full authority to have such pet permanently expelled from the properties. Section 9. Outside Antennas. No outside radio or television antennas shall be erected on any lot or dwelling unit within the Properties unless permission for the same has been granted by the Board of Directors of the Association or its architectural control committee. Section 10, Window Coverings. All drapes, curtains or other similar materials hung at window, or in any manner so as to be visible from the outside of any building erected upon any lot, shall be of a white or neutral background or material, unless the Board of Directors approves another color. Section 11. Exterior Lights. All light bulbs or other lights installed in any fixture located on the exterior an any building or any lot shall be clear, white or non -frost lights or bulbs. ARTICLE XI COMMON AMENITIES The Association may impose uniform standards for mail collection facilities (which may be a central facility or individual receptacles), waste disposal containers, newspaper boxes, mailboxes and such other common features typically installed on the exterior of a Living Unit, or on Common Properties. The owner of each Lot shall comply fully with all such standards adopted by the Association. ARTICLE XII GENERAL PROVISIONS Section 1. Rules. The Board of Directors shall have the authority to adopt rules for the use of the Common Properties and shall furnish a written copy of said rules to the Owners. Any violation of such rules shall be punishable by fine and/or suspension of the voting rights of the violating Owners. The Board of Directors shall also have the power to adopt rules and regulations which prohibit or limit the types of animals or household pets which may be kept in V V.% •.'- �ooj; j�,r.•� ?y?5 0205 ?'G9 0783 or about the Lots or Living Units and which govern their allowance upon the Common Properties. Section 2. Duration. The convenants and restrictions of this Declaration shall run with and bind the land, and shall Enure to the benefit of and be enforceable by the Association, or the Owner of any land subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty (20) years from the date of this Declaration is recorded, after successive periods of ten (10) years unless an instrument signed by the then Owners of sixty-seven percent (67%) of the Lots or Living Units has been recorded, agreeing to change said convenants and restrictions in whole or in part. (For purpose of meeting the sixty- seven percent (67 /) requirements, when Living Units are counted, the Lot or Lots upon which such Living Units are situated shall not be counted.) No such agreement to change shall be effective, however, unless made and recorded one (1) year in advance of the effective date of such change, and unless written notice of the proposed change is sent to every Owner at least ninety (90) days in advance of any action taken, and provided, however, that at all times during the existence of these covenants and restrictions that those areas set forth and set aside as Common Properties shall be retained for those purposes. Section 3. Amendment. These covenants and restrictions may be amended during the first twenty (20) year period by the vote of not less than sixty-seven percent (67%) of each class of Members cast in person or by proxy at a meeting duly called for this purpose, written notice of which including the subject matter of thirty (30) days in advance. Thereafter, these covenants and restrictions may be amended by the vote of at least sixty-seven percent (67%) of each class of members cast in person or by proxy including the subject matter of the -proposed amendment, shall be sent to all Members at least thirty (30) days in advance. Matters mentioned elsewhere in these convenants requiring the approval of first mortgagees or requiring a greater percentage of Members for approval shall be so governed. Any such amendment shall become operative and binding upon all Members and their properties when set forth in an amended Declaration of Covenants and Restrictions and recorded in the office of the Register of Deeds of New Hanover County, North Carolina. Section 4. Notice Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, or otherwise delivered, to the last known address of the person who appears as a Member or Owner on the records of the Association at the time of such mailing. Section 5. Enforcement. Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damaged, and against the land to enforce any liens or charges created by these covenants; and failure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 6. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which provisions shall remain in full force and effect. Section 7. Roads and Streets. All roads and streets made subject to this Declaration shall be designated as public roads, except that portions of the road adjacent to buildings and9 shall be "private" and shall be maintained by the Association on a recorded plat. Furthermore, Developer reserves a right of ingress and egress over and across all of such roads and streets for purposes of accessing any property described on Annex A, Annex B or adjoining properties owned by Developer or its successors and assigns. Section 8. Parking. All parking spaces immediately adjacent to a designated Lot should be available for the sole use of the owner of such Lot, and the Living Unit thereon subject to the Laws and Ordinances of the City of Wilmington.; all other parking should be jointly available for the owner of all Lots and their guest, subject to reasonable rules and regulations adopted from time to time by the Board of Directors. Section 9. Insurance. A) It shall be the duty of the Association to maintain in effect public liability insurance on the Common Areas, as from time to time shall be customarily required by private institutional Mortgage Investors for projects similar in construction, location and use as the Properties and the improvements thereon all under such terms and conditions as the responsible authority shall be for at least $1,000,000.00 for bodily injury, including deaths of persons and property damage arising out of a single occurrence. Coverage under this policy shall include, without limitation, legal liability of the insured for property damage, bodily injuries, and deaths of persons in connection KC 0%00K ( ACE B00jc once 2269 O'184 21125 0286 with the operation, or maintenance arising out of lawsuits relating to employment contracts of the Association. The foregoing shall not preclude the Board from obtaining insurance coverage on all or portion of the limited common areas and facilities. B) Owners' Obligation to Purchase Insurance. The Owner of each Lot shall obtain and maintain at all times (i) a standard homeowners policy (Form 3 or better) or dwelling policy (For DP2 or better), and (ii) If in Flood Zone, a standard Dwelling Form Flood Insurance policy insuring the Townhouse located upon such Owner's Lot in an amount equal to One Hundred Percent (100%) of the then current replacement cost of said Townhouse without deduction for depreciation. Each Owner shall exercise reasonable good faith efforts to insure that each such policy provides that the Association is identified and shown on each policy as an entity with an "additional interest" under the policies to the extent of its insurable interest. All policies of insurance shall be written by reputable companies licensed or qualified to do business in North Carolina. The Owner shall provide to the Association certificates of insurance, a copy of said policies, of other written evidence satisfactory to the Association indicating the coverage provided and the companies so providing such coverage together with written notice of any subsequent changes or modifications (including cancellation or termination) to the policies. C) Reconstruction by Owner. Except for any repair or replacement conducted by the Association pursuant to Article VII, the Owner of each Lot shall reconstruct the single family townhouse, and all exterior appurtenant and related improvements (hereinafter generally referred to as the "Townhouse"), following damage or destruction caused by or arising from fire, lightning, windstorm, hail, explosion, flood or any other natural or unnatural cause. The Owner shall commence reconstruction of the Townhouse not later than sixty (60) days following the date of the event causing the loss, damage or destruction and shall fully complete the reconstruction on or before the 180'h day following the date of the occurrence causing the damage of the destruction to the Townhouse. All reconstruction shall be subject to the architectural control and other provisions of this Declaration. Following damage or destruction, the Owner of the Townhouse damaged shall take prompt and immediate measures to: (I) protect adjacent Townhouses from any loss or damage arising from, or which may arise from, or in any way related to, the damage to such Owner's Townhouse, (II) remove or cause to be removed all debris resulting from the damage or destruction to the Townhouse within thirty (30) days following the date of the event causing the loss, damage or destruction' and (III) provide to the Association a written contract or other written documentation satisfactory to the Association providing for the reconstruction of the Townhouse by a contractor duly licensed to perform such work in the State of North Carolina. D) Right of Association to Reconstruct. Upon failure of the Owner to fulfill the obligations set forth in Section C of this Article XII, and upon thirty (30) days prior written notice to the Owner, the Association may, but is under no obligation to do so, commence to undertake all actions necessary for reconstruction of the Townhouse. The Owner shall be personally liable to the Association for payment of all costs, expenses and other charges incurred by the Association for reconstructing the Townhouse ("Reconstruction Costs") including, but not limited to, professional experts, engineers, architects, contractors, materials, labor, supervision and permits. The Reconstruction Costs shall be assessed against the Owner and the Lot as a special assessment to be collected as provided in the Declarations and in the Bylaws of the Association. E) Easement for Reconstruction. Each Owner does hereby grant and convey to the Association, its agents, managers, employees and contractors, an easement over, upon, under and across the Lot of each Owner to enable the Association to perform reconstruction of the Townhouse as set forth under this Article. Section 10. Notice and Quorum for Any Action Authorized Under Section and 4 Written notice of any meeting called for the purpose of taking any action authorized under Section 3 and 4 shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present at the first meeting, the required quorum at any subsequent meeting shall be one-half (1/2) of the required quorum at the 11 �ncF 22G9 0'?85 2t!25 0287 preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. IN WITNESS WHEREOF, ECHO GROUP LLC has caused this instrument to be duly executed as of the day and year first above w�itteo. I�t 12 PG,Gti N 2 5 6 0 0 K PAGE STATE OF NORTH CAROLINA 6 U 7 B 6 COUNTY OF NEW HANOVER I, ila skot K - LWr"(-+ , a Notary Public, do hereby certify that L� Vvw ood John A Qm ' embers of ECHO GROUP LLC, personally appeared iV,fhjj day and acknowledged the due execution of the foregoing document, `4 �E s W1 F,NES§ my hand and notarial seal, this the day of Nti V b�-r ,1997. i .roQNfR f�QU��''A My Commission Expires: -�z _.q1) STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Notary Public I, irtIsda a Notary Public, do hereby certify that r f rt ille i-, zst, Member of ECHO GROUP LLC, personally appeared before e this day and acknowledged the duelecution of the foregoing document, U WITNESS my hand and notarial seal, this the ) — day of N DVemI.,eA/1997. My Com issi n Expires: STATE OF NORT'li CAROLINA New Iianover County TI O.regoior Ann }ed rtificatc(s) of Notary (Notaries) Public is/ arf certified to be correct. -h I This the / U day of/11�9,tf_ Mar, Sue Ools , Regiil of by Depul /fit Notary Public r r NOTARYY —w4— Zrc� = Ci PUBLIC 13 u00f: PAGE �2b O�B9 LOOK PAGE 2269 0787 ®! � �O APPLEION WAY V � — W S 1'PE n.n — N/F WILLIAACKSONM ETU%. VICINITY MAP a I d, os { A I I it I y I / o_ Z� _ r�N F-- I ouuoini _ uuc o�ya. 2 PETVTION POND WEST WOOD @ ECHO ANNEX A BoO .2y25 . RECC.1D OF POOR QUALITY DUE TQ C00ITION OF ORIGINAL DOCUMENT G.S.161-14 BOOK PAGE 226 0780 _r y ppllETON WAY 'Qlp VZm 60 P/X.-P'1= XVEIEN= IV SITE .' f _--- --_—___ �g W F [� WILLIAMS yLy ;.p JACXSON ETUX. VICINITY MAP s i z o Xi k y9�0 IiYVI a/ h I_ i n \ I Q l IL'ONN['IxN4I0X y ~ I _ _ _ _ _ _ _ _ _ _ _ _ _ _ —. xl rnni/ ecrexnox vono / yJ---------"- - - pLt6XilON POMP d WEST WOOD ECHO ANNEX B J" EXPLANATION STATEMENT TO CORRECT OBVIOUS MINOR ERROR MADE IN AN INSTRUMENT AS ORIGINALLY RECORDED '98 AUG 28 AM 10 29 RE: BOOK 2269 PAGE 0774 RECORDED & VERIFIED MARY 5Uf DOTS RECORDED IN THE NEW HANOVER COUNTY REGISTRY REGISTER OF DEEDS NEW HANOVER CO. NO NAMES OF ALL PARTIES TO THE ORIGINAL INSTRUMENT: DEVELOPER: Echo Group, LLC, A North Carolina Limited Liability Company NATURE OF INSTRUMENT: Declaration of Covenants and Restrictions West Wood at Echo STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, the undersigned, hereby certify that the following correction is made in the above -named recorded instrument in accordance with the provisions of G.S. 47-36.1 ratified June 3'0, 1986. DESCRIPTION OF CORRECTION: This instrument is being re- recorded for the purpose of correcting Article XII, Section 7. Roads and Streets. to read buildings 8 and 9 in lieu of buildings 6 and S. This the 28th day of August, 1998. YOW, FOX & MANNEN By: AC.LA, Je ry A Manne , Jr. ( igin 1 Draftsman) This explanation stat ment together with the attached instrument duly re -recorded at f�3 o'clock �, m. this the _,Q� day of August, 1998 in the Book and Page shown on the first page hereof. MAR`I SUE DOTS REGISTER OF DEEDS OF NEW HANOVER COUNTY By: epu y IJ BY-LAWS � OF WEST WOOD AT ECHO TOWNHOME ASSOCIATION, INC.. n ARTICLE I NAME AND PURPOSE OF T14E CORPORATION Section 1 Name. This corporation shall be known as WEST WOOD at ECHO TOWNHOME ASSOCIATION, INC. Section 2_ Purposes This corporation has been organized for the following purposes: A. To promote the health, safety and welfare of the Owners and residents of the Properties; B. To provide for the preservation of the values and amenities of the Properties; C. To own, acquire, lease, build, operate and maintain on the Properties open spaces and other common areas and facilities for the benefit- of the residents of the Properties; 1. D. To provide a.forum for the expression of ideas and plans with regard to the improvement of social, recreational and general living conditions in the Properties and to take steps toward the fulfillnient of said ideas and plans. ARTICLE II DEFINITIONS Section 1 "Association" shall mean and refer to West Wood at Echo Townhome Association, Inc., a non-profit corporation organized and existing under the laws of the State of North Carolina., Section 2 "Properties" shall mean and refer to that property encompassed within the parcel or tract of land described on Annex A to the Declaration, and incorporated therein by amendment thereto.' Section 3. "Common Properties" shall mean and refer to those areas of land now or hereafter so designated on any recorded subdivision plat of a portion of the Properties or hereinafter deeded to the Association and intended to be devoted to the common use and enjoyment of the owners of the Properties, and more particularly shall mean and refer to amenities, streets, paths and shall include equipment and personal properties incident thereto, and any other Properties owned.and maintained by the Association for the common benefit- and enjoyment of the owners and residents of the Properties. Section 4 "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties, with the exception of the Common Properties as heretofore defined. IT io5. Living Unit shall mean and refer to any portion of a I situated upon the Properties ddhigned and intended for use and occupancy as a residence by a single family whether as Owners or tenants. Section 6 "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot or Living Unit situated upon the Properties but, not..mean 1 or refer to the Trustee or cestui que trust unless and until there has been a transfer of title pursuant to foreclosure or any proceeding in lieu of foreclosure. Sectioh 7 "Member" shall mean and refer to all those owners who are members of the Association as provided in Article IV, Section 1, hereof. Section a "Developer" shall mean Echo Group, LLC, a North Carolina Limited Liability Company, or its successors and assigns. ARTICLE III LOCATION The principal office of the Association shall be located at 1900 Eastwood Road, Suite 11, Wilmington, New Hanover County, North Carolina, 28403. ARTICLE IV MEMBERSHIP undSection 1. Every person or entity who is an Owner of a fee or ivided fee interest in any Lot or Living Unit or undeveloped and undesignated land which is subject to the Declaration shall be a Member of the Association, provided that any such person or entity who holds such interest merely as a security for the performance of an obligation shall not be a Member. Section 2. The rights of membership are subject to the Payment of annual and special assessments and fines levied by the Corporation, the obligation of which assessments is imposed against each Owner of and becomes a lien upon the property against which such assessments are made as provided by Article V of the Declaration or any Supplemental Declaration of Covenants and Restrictions to which the Properties are subject. Section 3. The rights and privileges of any person to use the recreational facilities and amenities of the Association, which person's interest in the Properties is subject to assessments under Article IV, Section 2, whether or not he be personally obligated to pay such assessments, may be suspended by action of the Directors during the period when the assessments remain unpaid; but, upon payment of such assessments, his rights and privileges shall be automatically restored. If the Directors have adopted and published rules and regulations governing the use of the Common Properties and facilities and the personal conduct of any person thereof, as provided in Article X, Section 1-D, they may, in their discretion, suspend the rights and privileges of any such person to use the recreational facilities and amenities of the Association for. violation of such rules and regulations for a period not to exceed thirty (30) days. ARTICLE V VOTING RIG14TS Section 1 The Association shall have two classes of voting membership.' Class A. Class A Members shall be all those Owners as defined i11' AIrt-icle :[V, Section 1, with the exception of the Developer. Class A Members shall be entitled to hold one vote for each Lot- or Living Unit in which they hold the' interests required for membership. When more than one person holds such interest or interests in any Lot or Living Unit all such persons shall be Members, and the vote for such Lot or Living Unit shall be exercised as they among themselves determine but in no event- shall more than one vote be cast with respect- to any such Lot or Living 2 i I ' Unit. ,I Class B. The Class B Member shall be the Developer. The Class B Member shall be entitled to three (3) votes for each Lot or Living' Unit in which it holds interests required for membership. The Class B membership shall cease and become converted to Class A Membership at the earlier occurrence of the following events: (a) when the total number of Class A members equal or exceeds seventy-five (75); or (b) on January 1, 2001. From and after the happening of these events, whichever occurs earlier, the Class B Members shall be deemed to be a Class A Member entitled to one vote for each Lot in which it holds the interests required for membership. Section 2. Designation of VOtinq Representatives If a Lot or Living Unit is owned by one person, his right to vote shall be established by the record title to this Property.. If a Lot or Living Unit- as owned by more than one person, or is under Lease, the person entitled to cast the vote for said Lot shall be designated by a certification signed by all of the record owners be said Property and filed with the secretary of the AssociaIf tion.' of a Lot or Living Unit is owned by a corporation, the person entitled to cast- the vote for said property shall be designated by a certificate or appointment signed by the president, vice-president or secretary of the corporation and filed with the secretary of the Association. Such certificates shall be valid until revoked or until superseded by a subsequent certificate or until a change in the ownership of the Lot or Living Unit. ARTICLE VI PROPERTIES RIGHTS AND RIGHTS OF ENJOYMENT OF COMMON PROPERTY Section 1. Each member shall be entitled to the use and enjoyment Of the Common Properties and facilities as provided in Article IV of the Declaration. Section 2. Any member may delegate his rights of enjoyment in the Common Properties and facilities to the members of his family who reside upon the Properties or to any of his tenants who reside thereon tinder a leasehold interest for a term of six (6) months or more. Such Member shall notify the Secretary in writing of the name of any such person and of the relationship of the Member to such person. The rights and privileges of such person are subject to suspension under Article IV, Section 3, to the same extent as those of the Member. ARTICLE VII POWERS OF THE ASSOCIATION Section 1. Additions to Properties and Membership. Additions to the Properties may be made only in accordance with the provisions of Lhe Declaration. Such additions, when properly made under the Declaration, shall extend the jurisdiction, functions, duties and membership of this Corporation to such Properties. Where the applicable covenants require that certain additions be approved by the Association, the approval must have the assent of two-thirds (2/3? of the vote of each class of members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be mailed to all members at least thirty (30) days'in advance, and shall set forth thb purpose of the meeting. Section on 2. Mergers and Consolidations Subject to the provisions of the Declaration and to the extent permitted by law, the Association may participate in mergers and consolidations with Other non-profit corporations organized for the same purposes, provided that any such merger or consolidation shall have the 3 I assent of two-thirds (2/3) of the votes and each class of members Who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be mailed to all Members at least thirty (30) days in advance, and shall set forth the purpose of the meeting. Section 3 Mortgages and Other Indebtedness The Association shall have power to mortgage its Properties only to extent authorized under the Declaration. The total debts of the corporation, including the principal amount of such mortgages, outstanding at any time, shall not exceed the total of five (5) years assessments current at that time, provided, that authority to exceed said maximum in any particular case may be given by an affirmative vote of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be mailed to all ],]embers at least - thirty (30) days in advance and shall set forth the purpose of the meeting. Section 4 Dedication The Association shall have the power to dispose of its real Properties only as authorized under the Declaration. ARTICLE VIII BOARD OF DIRECTORS Sectionn 1. First Board The first Board of Directors shall consist of three directors, who shall be John A. Elmore, II, Henry E. Miller, Jr., and Lionel L. YOW, and who shall hold office and exercise all powers of the Board until the earlier of: (1)'` 120 days after conveyance of seventy-five lots or living units (including which may be created pursuant to special declarant rights) to owner other than the declarant; (2) Two years after all declarant have ceased to offer lots or living units :for sale in the ordinary course of business;„ (3) The declarant voluntarily surrenders the right to appoint and remove officers and members of the Board of Directors and to otherwise control the Association. Upai conveyance of any one of the foregoing events, the President shall call a Special Meeting of the Association, pursuant to Article XIV hereof, for the purpose of electing Directors to replace those Directors which were appointed or elected by the Declarant. Section 2 Number of Directors: The number of Directors Association shall be increased to five (5) as follows: of the (1) Not later than sixty (60) days after conveyance of twenty-five percent (251) of the lots or living units (including lots or living units which may be created pursuant to special rights) to lot or living unit owners other than the declarant, one add.i.tional board position shall be created and that position shall be !illed by a lot or living unit owner who was elected by a majority of the members of the Association other than the declarant. (2) Not later than sixty (60) days after conveyance of fifty pe7_ce.nt (50-) of the units (including units which may be created ptirstilant to special declarant rights) tb'unit owners other than the declarant, other new Director's position will be created (bringing a total to five (5)) which position shall be filled by the owner of the lot or living unit who was elected by a majority of the unit owners of the Association other than the declarant. Other than the initial Board of Directors, set forth above, all 4 Directors of the Association shall be owners of a lot or living unit in the Association. Section 3 Vacancies. Vacancies on the Board of Directors shall be filled by the majority of the remaining directors, and any such appointed directors shall hold office during the unexpired term of their predecessor. Section 4 Removal. Any director may be removed from the Board, with or without cause, by a majority vote of the Members of the Association. Section 5 Compensation No director shall receive compensation for any service he may render to the Association. However, any director may be reimbursed for his actual expenses incurred in the performance of his duties. Section G. Action Taken Without A Meeting. The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the directors. Any action so approved shall have the same effect as though taken at a meeting of the directors. ARTICLE IX ELECTION OF DIRECTORS, NOMINATING.COMMITTEE AND ELECTION COMMITTEE Section 1 Election of the Board of Directors shall be byewritten ballot as hereinafter provided. At such election the members or their proxies may cast, in respect of each vacancy, as many votes as they are entitled to exercise under the provisions of the Declara C.ion. The candidates receiving the largest number of votes shall be elected. Votes may not be cast cumulatively. Section 2. Nominations for election to the Board of Directors shall be made by a Nominating Committee which shall be one of the standing committees of the Association. Section 3. The Nominating Committee shall consist of a Chairman who shall be a member of the Board of Directors, and two or more Members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of. the Members to serve from the close of such annual meeting until the cloy& of the next annual meeting, and such appointment shall be announced at each such annual meeting. Section 4. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Such nominations may be made from Members, as.Lhe committee in its discretion shall determine. Additional nominations from the floor may be made at the time of the election. Section 5 A1.1 elections to the Board of Directors at and after the first annual meeting shall be made on written ballot which shall clearly list the names of the persons for whom the vote is being cast and the terms of office if necessary. The Chairman of the'meeting shall appoint one or more persons to count the ballots and report the results. ARTICLE X POWERS AND DUTIES OF THE BOAD OF DIRECTORS SecLiOn 1 The Hoard of Directors shall have power: A. To crill special meetings of the Members whenever it deems necessary, an(`i it shall call a meeting at any time upon written request of one-fourth (1/4) of the voting membership; W i B• To generally govern the Association in accord with the Declarations, Charter and By -Laws of this corporation including, without limitation, to appoint and remove at pleasure all officers, agents and employees of the corporation, prescribed their duties, fix their compensation, and require of them such security or fidelity bond as it may deem expedient. Nothing contained in these By -Laws shall be construed to prohibit the employment of any Member, office or director, of the Association in any capacity whatsoever; C. To establish, levy and assess, and collect the assessments or charges referred to in the Declaration; D. To adopt- and publish rules and regulations governing the use of the Common Properties and the personal conduct of the Members and their guests thereon; and assess fines for the violation of such rules, By -Laws or Declarations. . D. To exercise for the Association all powers, duties and authority vested in or delegated to this organization, except those reserved to the Members in the covenants; F. In the event that any member of the Board of Directors of the Association shall be absent from three (3) consecutive regular meetings of the Board of Directors, the Board may by action taken at the meeting during which said third absence occurs, declare the office of said absent- director to be vacant. G. To prepare and enforce, directly or indirectly, the rules and regulations governing activities within the boundaries of the Property. For purposes of enforcement of these rules, regulations and By -Laws against all persons not members, each Member of West Wood at Echo Townhome Association, the Inc. is hereby delegated sufficient authority from the officers and directors as will legally entitle that Member to act on behalf of the Association. Section 2. It shall be the duty of the Board of Directors: A. To cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the Members at the annual meeting of the members or at any special meeting when such is requested in writing by one-fourth (1/4) of the voting membership. B. To supervise all officers, agents and employees of this organization, and to see that their duties are properly performed. C. To employ and discharge such management as the Directors may deem necessary. D. To adopt a budget and authorize expenditures. B. As more fully provided in Article v of the Declaration of Covenants applicable to the Properties: 1. To fi.x the amount of the assessment against each Lot or Living Unit for each assessment period at least thirty (30) days in advance of such date or period and, at the same time; 2. To prepare a roster of the Properties and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Me4er and, at the same time; 3. To send written notice of each assessment to every Owner subject thereto. F. ]'o issue, or to cause an appropriate officer to issue, upon demand by any person a certificate setting forth whether any 6 ,assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been ppid. ARTICLE XI DIRECTORS' MEETING Section 1 A regular meeting of the Board of Directors shall be held at least quarterly at a day and hour to be established by resolution. Section 2 Notice of such regular meeting is hereby dispensed with. If the day for the regular meeting shall fall upon a holiday, the meeting shall be held at the same hour on the first day following which is not a holiday and no notice thereof need be given. Section 3 Special meetings of the Board of Directors shall be held when called by any officer of the Association or by any two directors after' not less than three (3) days' notice to each director. Section 4. The transaction of any business at.any meeting of the Board of Directors, however called and notice, or wherever held, shall be as valid as though made at a meeting duly held after call and notice if a quorum is present and, if either before or after the meeting each of the directors not present signs a -written waiver of notice, or a consent to the holding of such meeting, or an approval of the minutes hereof. All such waivers, consents or approvals shall be filed with the corporate records and made a part of the minutes of the meeting. Section S. The majority of the Board of Directors shall constitute a quorum thereof. Section 6. The secretary shall be ex-officio secretary of the Board of Directors and shall record the votes and keep the minutes of all proceedings in a book to be kept for that purpose. He shall keep the records of the Corporation. He shall record in a book kept for that purpose the names of all Members of the Association together with their addresses as registered by such Members. Section 7. The treasurer or its designated agent shall receive and deposit in appropriate bank accounts all monies of the corporation and shall disburse such funds as directed by resolution of the Board of Directors, provided however, that a resolution of the Board of Directors shall not be necessary for disbursement made in the ordinary course of business conducted within"the limits of a budget- adopted by the Board. Section B. The treasurer or its designated agent shall keep proper books of account and cause an annual review of the Association books to be made by a certified public accountant, or by audit committee appointed by the Board of Directors, at the completion of each fiscal year. lie shall prepare an annual budget and an annual balance sheet statement and the budget and balance sheet statement shall. be presented to the membership at its regular annual meeting. He shall be responsible for the preparation of such tax returns as may be required. Section 9. Special Appointment The Board may elect such other officers as the affairs of the Association may require, each. of wHom'shall hold office for such period,lbaving such authority, and Perform such duties as the Board may, from time to time, determine. Section 10. Resignation and Removal Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time giving written notice to the Board, the president or the secretary. Such resignation shall take effect on 7 .the date or receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of stich resignation shall not be necessary to make it effective. Section 11 Vacancies. A vacancy in any office may be filled by appo.ihiment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of*the officer he replaces. Section 12 Multiple Offices The offices of the secretary and treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices. ARTICLE XII OFFICERS. Section 1. The President The President shall be the chief executive officer of the Association; he shall preside at all meetings of the unit owners and of the Board of Directors. He shall have executive powers and general supervision over the affairs of the Association and other officers. lie shall sign all written contracts of the Association and shall perform and have the Powers necessary to perform all the duties incident to this office that may be delegated to. him from time to time by the Hoard of Directors. Section 2. The Vice -President The Vice -President shall perform all of the duties of the President in his absence and such other du t.,�s as may be required of him from time to time by the Board of Directors. Section 3. The Secretary -Treasurer The Secretary -Treasurer shall issue notices of all Board of Directors meetings and all meetings of,the unit owners; he shall attend and keep the minutes of the same; lie shall have charge of all of. the Association's books, records, and papers. The Fecretary-Treasurer shall have the custody of the Association's funds and securities and shall keep full.and accurate accounts of receipts and disbursements in books belonging to the Association, and Fhe shall deposit all monies and other valuable effects in the name and to the credit of the Association in such depositories as may be designated from time to time by the Board of Directors. The Secretary -Treasurer shall disburse the funds of the Association as may be ordered by the Board in accordance with these By -Laws, making proper vouchers for such disbursements, and shall render to the President and Board of Directors at the regular meeting of the Boar,l of Directors, or whenever they may require it, an account of all his transactions as Treasurer and of the financial condition of the hssociation. The Secretary -Treasurer shall collect the assessments and shall promi'tly report the status of collections and of all delinquencies to the Board of Directors. The.Secretary-Treasurer shall also give status reports to potential transferees, on which reports the transferees may rely. The liability of the unit owners shall continue until the, transfers have been approved, and all such transferees shall be deemed liable for ;Nast due assessments (other than institutional mortgagees or puic,'asers at institutional mortgage foreclosure sales) j� Section 4. The Secretary -Treasurer. Tlie office of the Secretary- Tre,anurer may be divided between two individuals, one Secretary and one ".'reasurer. Sect -.on 5. Manager. If the Association elects to hire a manager, any nr all of the duties set out herein may be transferred to such 8 manager, upon proper supervision and safeguards by the Officers. These duties may only be transferred with the authorization and approval of the Board of Directors. However, the Association may not delegate to the manager the authority to borr Sign conveyances. ow money or to Section G. Bond. All Officers or other employees who are authorized to sign checks may be bonded in an amount equal to the total anticipated assessment for a full year, and such bond shall be a common expense of the Association. Section 7 Selection of Officers The Officers shall be selected by Lhe Board of Directors as provided herein. Each Officer shall serve at the pleasure of the Board of Directors. ARTICLE XIII COMMITTEES Section 1. The standing committees of the Association shall.:.be: The Nominating Committee The Maintenance/Landscape Committee The Architectural Review Committee Unless otherwise provided herein, each committee shall consist of a chairman and two or more members and shall include a member of the board of Directors for board contact. The committees shall be appointed by the Board of Directors prior to each annual meeting the serve from the close of such annual meeting until the close of the next annual meeting, and such appointment shall be announced at each such annual meeting. The Board of Directors may appoint such Other committees as it deems desirable. Section 2. The Nominating Committee shall have the duties and functions described in Article IX. Section 3. The Maintenance/Landscape Committee shall advise the Board of Directors on all matters pertaining to the maintenance, repair or improvements of the Common Properties and facilities of the ,Association, and shall perform such other functions as the Board, in its discretion, determines. Section 4. The Architectural Committee shall have the duties and functions described in Article VIII of the Declarant. It shall watch for any proposals, programs, or activities which may adversely affect the residential value of the Properties and shall advise the Board of Directors regarding organization action on such matL.�rs. Section 5. with the exception of the Nominating Committee and the Architectural Committee (but then only as to the functions that are governed by Article VIII of the Declaration), each committee shall have power to appoint a subcommittee from among its membership and may delegate to any such subcommittee any of its powers, duties and functions. Sect.on G. It shall be the duty of each committee to receive comr.-aints from Members on any matter involving corporate func.ions, duties, and activities within its field of resl_ensibility. It shall dispose of such complaints as it deems appr'.�priate . ARTICLE XIVI' MEETINGS OF THE MEMBERS Sect .on 1. The first annual meeting of the Members shall be held on the second Monday of the month of the hp our of 7:30 p.m, at the place secified in theonotice of the 9 meeting; and regular annual meetings will be held on the same day in s"cceeding years. If the day for the annual meeting of the Mpmbr,rs shall fall upon a holiday, the meeting will be held at the same hour on the first day following which is not a holiday. SecL,bn 2. Special meetings of the members for any purpose may be called at any time by the president, the vice-president, the sec.retary or treasurer, or by any two or more members of the Board of Directors or upon written request of Members who have a right to vote one-fourth (1/4) of the votes of the Class A membership. SecLion 3. Notice of any meetings shall be given to the members by the Secretary or its designated agent. Notice may be delivered to the Member either personally, by delivery to his mailbox, or by send,_ng a copy of the notice through the mail postage thereon fully prepaid to his address appearing on the books of the corporation. Each Member shall register his address with the secretary and not.ir_-es of meeting, regular or special, shall be sent at least ten (10) days in advance of the meeting, except as provided elsewhere in Lhese By -Laws and the Declaration, and shall set forth in general the nature of the business to be transacted, provided, however, that if the business of any meeting shall involve an elec':ion governed by Article IX or any action governed by the Arti'.�les of Incorporation or by the Declaration, the required notice shall be given at least fifteen (15,)" days prior to the meeting.` SecLion 4. Except as otherwise provided by the Charter- of the Corp,.Dration, or by these By-laws the presence in person or by proxy of a majority of the members entitled to vote at the meeting shall be necessary to constitute a quorum for the transaction of business. In the absence of a quorum, a majority in interest of the members entitled to vote, present in person or by proxy, may adjourn the meeting from time to time. At any such adjourned meeting, at which a quorum shall be present any business as originally called if a quorum had been there present. The members pres•ant in person or by proxy at a meeting which a quorum is present may continue to do business until the adjournment, notw.i.thstanding the withdrawal of enough members to leave less than a qu-_.,rum. SecLion 5. The president, or in his absence, the vice-president, shall preside at the meeting and the secretary shall be responsible for recording minutes of the proceedings. ARTICLE XV PROXIES Section 1. At all corporate meetings of Members, each Member may votr- in person or by proxy. Section 2. All proxies shall be in writing and filed with the secretary. No proxy shall extend beyond a period of eleven (11) months., and every proxy shall automatically cease upon sale by the Member of his Lot or other interest in Properties. ARTICLE XVI BOOKS AND RECORDS The nooks, records and papers of the Association shall at all tifne- during reasonable business hours, be subject to .the insp-ction of any Member. ARTICLE XVII The corporate seal of the Association shall consist of two concentric circles between which are the words WEST WOOD at ECHO TOW1111OME ASSOCIATION, New Hanover County, N.C., and in the center 10 j of, which is inscribed "SEAL"; and such seal, as impressed on the margin hereof, is hereby adopted as the corporate seal of the Association. ARTICLE XVIII AMENDMENTS Section 1 These By -Laws may be amended at a regular or special meeting of the Members, by a vote or a two-thirds (2/3) of each class of Members present in person or by proxy, provided that those provisions of these By -Laws which are governed by the Articles of Incorporation of this Association may not be amended except as provided in the Articles of Incorporation or applicable law; and provided further that any matter stated herein to be or which is in fact governed by the Declaration may not be amended except as provided in such Declaration. Section 2 In the case of any conflict between the Articles of Incorporation and these By -Laws, the Articles shall control; and in the case of any conflict between the Declaration and these By -Laws, the Declaration shall control. ARTICLE XIX ASSESSMENTS As more fully provided in the Declaration, each Member is obligated to pay to the Association annual and special assessments which are secured by a continuing lien upon the property against which the assessment is made. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of eighteen (18°s) percent per annum plus a $15.00 late fee per month, and the Association may bring' all action at law against the owner personally obligated to pay the same and foreclose the lien against the property, and interest, costs and reasonable attorney's fees of any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Properties or abandonment of his Lot. IN WITNESS WHEREOF, we, being all of the directors of the West Wooci at Echo Townhome Association, Inc, hav ereunto set our hanej.� and seals, this the 26th d of un 1998. L E. CERTIFICATION I, the undersigned, do hereby certify: THAT I am duly elected and Echo Townhome Association, Inc corporation, and, V (SEAL) (SEAL) I acting Secretary of West Wood at ., a North Carolina non-profit j, THAT the foregoing By -Laws constitute the original By -Laws of saiT6 Association, as duly adopted at a meeting of the Board of Directors thereof, held on the 260 day of June 1998. Assistant Secretary 1